Sunday, 5 March 2017

CMA objections to Actavis and Concordia over ‘pay for delay’


The Competition and Markets Authority has issued a statement of objections alleging that Concordia and Actavis UK entered into anti-competitive agreements whereby Actavis UK incentivised Concordia not to enter the market with its own version of hydrocortisone tablets. The statement of objections finds that between January 2013 and June 2016 the companies infringed Chapter I of the UK Competition Act 1998/ Article 101 TFEU and that Actavis UK abused its dominant position contrary to Chapter II/ Article 102 TFEU.
The statement of objections is also addressed to Cinven, the ultimate parent company of Concordia and to Allergan plc which the CMA provisionally considers is jointly and severally liable as the ultimate parent company of Actavis UK and which formed part of the Actavis UK undertaking for a part of the relevant period.
The pharmaceutical sector remains a focus for the CMA’s antitrust enforcement.  The statement of objections is separate from another investigation where the CMA is alleging that Actavis UK infringed UK competition law by charging excessive prices to the NHS for hydrocortisone tablets.
The CMA has also fined a number of pharmaceutical companies including GlaxoSmithKline a total of £45 million for anti-competitive agreements and practices in relation to the anti-depressant drug paroxetine.

Source: CMA press release 3 March 2017

No comments:

Post a Comment